SS_1218-252Chromium 10-30-2009

SUPPORTING STATEMENT FOR
THE INFORMATION COLLECTION REQUIREMENTS
IN THE CHROMIUM (VI) STANDARDS FOR
GENERAL INDUSTRY (29 CFR 1910.1026), SHIPYARD EMPLOYMENT
(29 CFR 1915.1026), AND CONSTRUCTION (29 CFR 1926.1126) 1
OMB CONTROL NO. 1218-0252 (October 2009)
JUSTIFICATION
1.

Explain the circumstances that make the collection of information necessary. Identify any legal or
administrative requirements that necessitate the collection. Attach a copy of the appropriate section
of each statute and regulation mandating or authorizing the collection of information.

The main objective of the Occupational Safety and Health Act (“OSH Act” or “Act”) is to
"assure so far as possible every working man and woman in the Nation safe and healthful
working conditions and to preserve our human resources" (29 U.S.C. 651). To achieve this
objective, the OSH Act specifically authorizes "the development and promulgation of
occupational safety and health standards" (29 U.S.C. 651). The Act states further that “[t]he
Secretary . . . shall prescribe such rules and regulations as [he/she] may deem necessary to carry
out [his/her] responsibilities under this Act, including rules and regulations dealing with the
inspection of an employer’s establishment” (29 U.S.C. 651).
To protect employee health, the OSH Act authorizes the Occupational Safety and Health
Administration (“OSHA” or “the Agency”) to develop standards that provide for “monitoring or
measuring employee exposure” to occupational hazards and “prescribe the type and frequency of
medical examinations and other tests which shall be made available [by the employer] to
employees exposed to such hazards . . . to most effectively determine whether the health of such
employees is adversely affected by such exposure” (29 U.S.C. 655). Moreover, the Act directs
the Agency to “issue regulations requiring employers to maintain accurate records of employee
exposures to potentially toxic materials or other harmful physical agents which are required to be
monitored and measured," and further specifies that such regulations provide “for each employee
or former employee to have access to such records as will indicate [their] own exposure to toxic
materials or harmful physical agents” (29 U.S.C. 657). In addition, the OSH Act mandates that
“[e]ach employer shall make, keep and preserve, and make available to the Secretary [of Labor]
. . . . such records regarding [his/her] activities relating to this Act as the Secretary . . . may
prescribe by regulation as necessary or appropriate for the enforcement of this Act or for
developing information regarding the causes and prevention of occupational accidents and
illnesses” (29 U.S.C. 657).
Section 6(b)(7) of the Act specifies that “[a]ny standard promulgated under this subsection shall
prescribe the use of labels or other appropriate forms of warning as are necessary to insure that
employees are apprised of all hazards to which they are exposed, relevant symptoms and
appropriate emergency treatment, and proper conditions and precautions of safe use or

1
The purpose of this Supporting Statement is to analyze and describe the burden hours and costs associated with
provisions of the chromium (VI) standard that contain collections of information (paperwork) requirements; this Supporting
Statement does not provide information or guidance on how to comply with, or how to enforce these provisions.

exposure.” This provision goes on to state that “[t]he Secretary, in consultation with the
Secretary of Health and Human Services, may by rule promulgated pursuant to section 553 of
title 5, United States Code, make appropriate modifications in the foregoing requirements
relating to the use of labels or other forms of warning . . . as may be warranted by experience,
information, or medical or technological developments acquired subsequent to the promulgation
of the relevant standard” (29 U.S.C. 655).
Under the authority granted by the OSH Act, on February 28, 2006, the Agency issued separate
standards addressing hexavalent chromium (“Cr(VI)”) exposure in general industry, shipyard
employment, and construction; these standards are 29 CFR 1910.1026, 1915.1026, and
1926.1126, respectively. The standard for shipyard employment also applies to marine terminals
and longshoring. The standards for construction and shipyard employment are similar to each
other, but differ in some respects from the standard for general industry. OSHA believes that
certain conditions in these two sectors warrant requirements that are somewhat different than
those requirements that apply to general industry.
A number of parties subsequently challenged several provisions of the final Cr(VI) standards in
the United States Court of Appeals for the Third Circuit (see Public Citizen and Edison Electric
Institute v. U.S. Department of Labor, 557 F.3d 165 (3d Cir. 2009)). In its decision, the court
found that OSHA failed to explain why the Cr(VI) standards requires employee notification only
of chromium exposures exceeding the permissible exposure limit, noting that prior health
standards required notification of all exposure monitoring results. The court remanded the
standards, and ordered OSHA to provide an explanation for not including notification of all
exposure-monitoring results, or to revise the standards appropriately. OSHA currently is
considering how to respond to the court’s remand order.
The current Cr(VI) ICR calculates burden hours and costs for employers to notify employees
whenever monitoring results indicate that the employee had exposure to Cr(VI) levels in excess
of the 5 µg/m3. This updated ICR will calculate burden hours and costs for employers to notify
employees of all monitoring results. However, OSHA did not include these hours and costs in
the total burden hours and costs for this ICR because, as noted in the previous paragraph, the
Agency is considering how to respond to the court’s remand order.
The basis for these standards is a determination by OSHA that exposure to Cr(VI) poses
significant risk of lung cancer, nasal septum ulcerations and perforations, dermatoses, and
asthma to workers. OSHA established a permissible exposure limit (PEL) for occupational
exposure to Cr(VI) of 5 microgram per cubic meter of air (5 µg/m3), assessed using an 8-hour
time-weighted average (referred to hereafter as “TWA”). The Agency also developed an action
level (AL) of 2.5 microgram per cubic meter of air (2.5 µg/m3), measured as a TWA. Exposures
below the action level (AL) exempt employers from some of the regulatory burdens of the
standards, such as employee exposure monitoring and medical surveillance. Items 2 and 12
below list and describe the specific information collection requirements of the standards.
2.

Indicate how, by whom, and for what purpose the information is to be used. Except for a new
collection, indicate the actual use the Agency has made of the information received from the current
collection.

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A. Exposure Determination (paragraph (d) of §§ 1910.1026, 1915.1026, and 1926.1126)
Paragraph (d) of the standard requires each employer who has a workplace or work operation
covered by these standards to determine the 8-hour time-weighted average (TWA) exposures for
each employee exposed to Cr(VI). The purpose of requiring an assessment of employee
exposures to Cr(VI) includes: determination of the extent and degree of Cr(VI) exposure at the
worksite; identification and prevention of employee Cr(VI) overexposure; identification of the
sources of exposure to Cr(VI); collection of exposure data so that the employer can select the
proper control methods; and evaluation of the effectiveness of these control methods.
Assessment enables employers to meet their legal obligation to ensure that their employees are
not exposed to Cr(VI) in excess of the PEL, and to notify employees of their exposure levels as
required by Section 8(c)(3) of the Act. In addition, the exposure data provides information to the
physician or other licensed health care professional (PLHCP) 2 who is performing the medical
examinations to use in making an accurate diagnosis of presenting conditions.
Paragraph (d)(2) of the standards, titled “Scheduled Monitoring Option,” specifies the airmonitoring requirements for Cr(VI) exposures. Employers must perform initial, semi-annual,
and quarterly air monitoring, respectively, under paragraphs (d)(2)(i), (d)(2)(iii), and (d)(2)(iv) of
the standards, depending on the level of Cr(VI) exposure. The other provisions of paragraph (d)
address the requirements for additional monitoring, and performance-oriented options.
Additional monitoring, required under paragraph (d)(2)(vi) of the standards, is necessary to
ensure that changes in working conditions have not increased employee exposure to Cr(VI).
This information will enable the employer to take appropriate action to protect exposed
employees, such as instituting additional engineering controls or providing appropriate
respiratory protection. OSHA is not taking burden hours or costs for this provision in this ICR
because it believes that employers will not be changing production processes, raw materials,
equipment, personnel, work practices, or control methods that may result in new or additional
exposures to Cr(VI) during this period, nor will they have any reason to believe that new or
additional exposures have occurred.
Paragraph (d)(3) (“Performance-oriented option”) is an exposure monitoring option that
employers may use instead of the scheduled-monitoring options specified by paragraph (d)(2). It
requires the employer to determine the 8-hour TWA exposure for each employee on the basis of
any combination of air-monitoring data, historical monitoring data, or objective data sufficient to
accurately characterize employee exposure to Cr(VI). This option allows employers flexibility
in assessing the Cr(VI) exposures of their employees. When the employer elects to follow this
option, the exposure determination must provide the same degree of assurance that employee
exposures have been correctly characterized as the scheduled-monitoring option would, and the
employer must also reevaluate employee exposures when any change occurs in the production

2

A PLHCP is an individual whose legally permitted scope of practice (i.e., license, registration, or certification) allows
him or her to independently provide or be delegated the responsibility to provide some or all of the particular health care services
required by the standards.

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process, raw materials, equipment, personnel, work practices, or control methods that may result
in new or additional exposures to Cr(VI).
“Historical monitoring data” means data from Cr(VI) monitoring conducted prior to the effective
date of this rule, and obtained during work operations in which the processes, types of material,
control methods, work practices, and environmental conditions closely resemble the employer's
current workplace operations. “Objective data” means information, including air-monitoring
data from industry-wide surveys or calculations, involving a substance that has the composition,
or chemical and physical properties, of the Cr(VI)-related substance to which employees are
exposed, and that is associated with a specific product, material, process, operation, or activity
that is the basis of their exposure. Therefore, objective data must resemble closely the processes,
types of material, control methods, work practices, and environmental conditions in the
employer's current workplace operations; objective data also must represent Cr(VI) exposure
levels across the range of work operations or products encountered by employees. Employers
may use data collected by a trade association from its members to determine employee exposures
to Cr(VI), provided the data meet the definition of objective data in the standards.
1. Scheduled Monitoring Option: Initial Exposure Monitoring (paragraph (d)(2)(i) of §§
1910.1026, 1915.1026, and 1926.1126)
Paragraph (d)(2)(i) of the final standards requires the employer to perform initial monitoring to
determine the 8-hour TWA exposure for each employee by collecting a sufficient number of
personal breathing-zone air samples to accurately characterize full-shift exposure for each job
classification in each work area during each shift. When an employer does representative
sampling instead of sampling all employees to meet this requirement, the employer must sample
the employee(s) expected to have the highest Cr(VI) exposures.
If initial monitoring indicates that employee Cr(VI) exposures are below the AL, and that result
is confirmed by another monitoring taken at least seven days later, the employer may discontinue
monitoring for those employees whose exposures are represented by the monitoring data.
However, if the initial monitoring indicates employee exposures are above the AL, the employer
must perform periodic monitoring.
2. Scheduled Monitoring Option: Semi-Annual Exposure Monitoring (paragraph (d)(2)(iii) of
§§ 1910.1026, 1915.1026, and 1926.1126)
Because of fluctuation in exposures, OSHA believes that when initial monitoring results equal or
exceed the AL and are at or below the PEL, employers must continue to monitor employees at
least every 6 months to ensure that exposures remain at or below the PEL. If the employer
installs or upgrades controls, semi-annual monitoring will demonstrate whether the controls are
working properly. Selection of appropriate respiratory protection also depends on adequate
knowledge of employee exposures. The 6-month monitoring frequency will provide intervals
that protect employees exposed to Cr(VI) between the AL and the PEL, but are practical for
employers to implement.

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3. Scheduled Monitoring Option: Quarterly Exposure Monitoring (paragraph (d)(2)(iv) of §§
1910.1026, 1915.1026, and 1926.1126)
When initial monitoring results exceed the PEL, periodic monitoring every three months allows
the employer to maintain an accurate profile of employee exposures. If the employer installs or
upgrades controls, quarterly monitoring will demonstrate whether the controls are working
properly. Selection of appropriate respiratory protection also depends on adequate knowledge of
employee exposures. The three-month monitoring frequency provides an interval that protects
employees exposed to Cr(VI) above the PEL, but are practical for employers to implement.
4. Employee Notification of Determination Results (paragraphs (d)(4) of §§ 1910.1026,
1915.1026, and 1926.1126)
Paragraph (d)(4) of the general industry standard requires the employer to notify each affected
employee 3 within 15 working days after the receipt of exposure-determination results when the
results indicate exposure above the PEL 4. In the shipyard and construction industries employers
are required to notify employees of exposure-determination results as soon as possible but not
more than 5 working days after the receipt of the results. The employer must either notify each
affected employee in writing or by posting the monitoring results in an appropriate location
accessible to all affected employees. In addition, whenever the PEL has been exceeded, the
written notification must contain a description of the corrective action(s) that the employer will
take to reduce the employee's exposure to or below the PEL. The purpose of this requirement is
to inform employees of the corrective actions the employer is taking to reduce the exposure level
to or below the PEL. It is necessary to assure employees that the employer is making efforts to
furnish them with a safe and healthful work environment, and is required under section 8(c)(3) of
the Act.
B. Regulated Areas (§ 1910.1026(e))
1. Demarcation (§1910.1026(e)(2))
Paragraph (e)(1) of the general industry standard5 requires the employer to establish regulated
areas wherever an employee's exposure to airborne concentrations of Cr(VI) is, or can reasonably
be expected to be, in excess of the PEL. Under paragraph (e)(2), regulated areas must be
demarcated from the rest of the workplace in a manner that adequately establishes and alerts
employees to the boundaries of these areas. Employers must limit access to regulated areas to

3
Affected employees are employees having Cr(VI) exposures above the PEL, including employees whose exposures
are estimated on the basis of representative sampling or from historical or objective data.

4

The U.S. Court of Appeals for the Third Circuit in Public Citizen and Edison Electric Institute v. U.S. Department of
Labor,(557 F.3d 165 (3d Cir. 2009)) remanded the Cr(VI) standards, and ordered OSHA to provide an explanation for not
including notification of all exposure-monitoring results, or to revise the standards appropriately. OSHA is preparing a response
to this remand order. 
5

OSHA does not require regulated areas in the construction and shipyard standards because worksite conditions, such
as workplace variability, differ substantially between general industry employment and construction and shipyard employment.

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individuals: authorized by the employer and required by work duties to be present in the
regulated area; entering the regulated area to observe monitoring procedures; or authorized by
the OSH Act or OSHA regulations to be in a regulated area.
The purpose of a regulated area is to ensure that the employer makes employees aware of the
presence of Cr(VI) at levels above the PEL, and to limit Cr(VI) exposure to as few employees as
possible. The establishment of a regulated area is an effective means of limiting the risk of
exposure to substances known to have serious physical effects.
OSHA is not taking burden hours or costs for this provision under Items 12 and 13 of this
Supporting Statement because it is performance oriented and does not require employers to post
warning signs. OSHA does not specify how employers are to demarcate regulated areas. Means
of demarcation can include barricades, lines and textured flooring, or signs that notify employees
of Cr(VI) exposure hazards, the need to restrict access to Cr(VI)-contaminated areas, and
protective measures they must implement. Permitting employers to choose how best to identify
and limit access to regulated areas is consistent with OSHA's belief that employers are in the best
position to make such determinations, based on their knowledge of the specific conditions of
their workplaces.
C. Respiratory Protection (§§1910.1026(g), 1915.1026(f), and 1926.1126(f))
Paragraph (g)(1) of the general industry standard, and paragraph (f)(1) of the shipyardemployment and construction standards, establish the final rule’s requirements for use of
respiratory protection. Employers are required to provide employees with respiratory protection
when engineering controls and work practices cannot reduce employee exposure to Cr(VI) to or
below the PEL. Specifically, respirators are required during the installation and implementation
of feasible engineering and work-practice controls; during work operations for which
engineering and work practice controls are not feasible; when all feasible engineering and work
practice controls have been implemented, but are not sufficient to reduce exposure to or below
the PEL; during work operations when employees are exposed above the PEL for fewer than 30
days per year, and the employer has elected not to implement engineering and work-practice
controls to achieve the PEL; and during emergencies.
Whenever respirators are used to comply with the requirements of the standards, paragraph
(g)(2) of the general industry standard, and paragraph (f)(2) of the shipyard-employment and
construction standards, require the employer to implement a comprehensive, written respiratoryprotection program in accordance with the Agency's Respiratory Protection Standard (29 CFR
1910.134). The respiratory-protection program is designed to ensure that respirators are properly
used in the workplace, and are effective in protecting workers. The program must include
procedures for selecting respirators for use in the workplace; medical evaluation of employees
required to use respirators; fit-testing employees for respirator use; procedures for proper use of
respirators in routine and reasonably foreseeable emergency situations; procedures and schedules
for maintaining respirators; procedures to ensure adequate quality, quantity, and flow of
breathing air for atmosphere-supplying respirators; training of employees in the proper use of
respirators; and procedures for evaluating the effectiveness of the program. The purpose of these
requirements is to ensure that employers establish a standardized procedure for selecting, using,

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and maintaining respirators for each workplace that requires respirator use. Developing written
procedures ensures that employers implement the required respirator program in an effective and
reliable manner that addresses the unique characteristics (including chemical hazards) of the
workplace. This provision also serves as a reminder to employers covered by the Cr(VI) rule
that they must comply with the Respiratory Protection Standard when respirators are provided to
employees.
The four principle paperwork requirements specified in the respiratory-protection program are
qualitative and quantitative fit testing to ensure that respirators adequately protect employees
who must use them, administration of the medical questionnaire to determine the physical and
psychological ability of employees to use the respirator selected for them, and the follow-up
medical examination to further evaluate responses to the medical questionnaire that may indicate
conditions that would prohibit an employee from using the selected respirator. The following
paragraphs discuss in detail the paperwork requirements associated with these respiratoryprotection program requirements.
1. Respiratory Protection Program: Qualitative Fit Testing for Respirator Use (§§
1910.1026(g)(2), 1915.1026(f)(2), and 1926.1126(f)(2))
Employees who use respirators for protection against airborne Cr(VI) must receive either a
qualitative fit test (QLFT) or a quantitative fit test (QNFT) prior to initial respirator use, and at
least annually thereafter. The QLFT involves the introduction of a gas, vapor, or aerosol test
agent into an area around the head of the respirator user. If the respirator user can detect the
presence of the test agent through subjective means, such as odor, taste, or irritation, the
respirator fit is inadequate. The QLFT record must include the date and type of fit test
performed (e.g., irritant smoke, saccharin), employee information, and type of respirator.
Employers must maintain the fit-testing records until the next fit test is administered. Both
employers and OSHA need these records to determine that: each employee received a fit test,
both prior to starting respirator use and at least annually thereafter; each employee passed the
qualitative fit test; and the model and size of the respirator used during fit testing are the same as
the model and size of the respirator used by the employee in the workplace.
2. Respiratory Protection Program: Quantitative Fit Testing for Respirator Use (§§
1910.1026(g)(2), 1915.1026(f)(2), and 1926.1126(f)(2))
In a quantitative respirator fit test (QNFT), the adequacy of respirator fit is assessed by
measuring the amount of leakage into the respirator, either by generating a test aerosol as a test
atmosphere, using ambient aerosol as the test agent, or using controlled negative pressure to
measure the volumetric leak rate. Appropriate instrumentation is required to quantify respirator
fit in QNFT. The QNFT record must include the date and type of fit test performed, employee
information, type of respirator, and a record of the test (e.g., strip charts, computer integration).
Employers must maintain the fit-testing records until the next fit test is administered. These
records allow employers and OSHA to ensure that: each employee received a fit test, both prior
to starting respirator use and at least annually thereafter; each employee achieved a sufficiently
high fit factor to pass the QNFT for the required assigned protection factor; the QNFT was
performed correctly, and the fit factor was calculated properly; and the model and size of the

7

respirator used during fit testing are the same as the model and size of the respirator used by the
employee in the workplace.
3. Respiratory-Protection Program: Medical Questionnaires for Respirator Use (§§
1910.1026(g)(2), 1915.1026(f)(2), and 1926.1126(f)(2))
Employees using a respirator for the first time for protection against airborne Cr(VI) must
receive a medical evaluation prior to their initial respirator fit test. The medical evaluation must
consist of either a medical questionnaire (provided in Appendix C of OSHA’s Respiratory
Protection Standard), or an initial medical examination, that obtains information about a number
of medical conditions and physical systems. The medical evaluation ensures that employees who
use respirators can tolerate: the physiological burden associated with respirator use, including
the burden imposed by the respirator itself (e.g., its weight and breathing resistance during both
normal operation and under conditions of filter, canister, or cartridge overload); musculoskeletal
stress; limitations on auditory, visual, and odor sensations; and physical and psychological
isolation. For this ICR, the Agency is assuming that employers will administer only the medical
questionnaire to obtain the required information.
4. Respiratory-Protection Program: Follow-up Medical Examination for Respirator Use (§§
1910.1026(g)(2), 1915.1026(f)(2), and 1926.1126(f)(2))
If an employee responds positively to specific items on the questionnaire, the employer must
provide the employee with a follow-up medical examination. Employers must use a PLHCP to
conduct the medical examination, and the PLHCP determines the content of the follow-up
medical examination. The follow-up medical examination allows PLHCPs to obtain additional
information that may be useful in arriving at a final medical recommendation regarding
respirator use, including whether a response to the questionnaire is valid. Also, the follow-up
questionnaire provides the PLHCP with an opportunity to investigate through medical
examination any medical conditions related to respirator use that the questionnaire or other
sources of information did not address.
D. Protective Work Clothing and Equipment (§§ 1910.1026(h), 1915.1026(g), and
1926.1126(g))
1. Removal and Storage (§§ 1910.1026(h)(2)(iv), 1915.1026(g)(2)(iv), and 1926.1126(g)(2)(iv))
Paragraph (h)(2)(iv) of the general industry standard, and paragraph (g)(2)(iv) in shipyardemployment and construction standards, require employers who remove bags or containers of
contaminated protective clothing and equipment from change rooms for laundering, cleaning,
and maintenance or disposal to label these bags and containers in accordance with the
requirements of OSHA’s Hazard Communication Standard (“HCS”) (29 CFR 1910.1200).
Labels inform employers and employees who handle bags or containers contaminated by Cr(VI)
of the identity of the substance, and provide appropriate hazard warnings. This paragraph directs
the employer’s attention to longstanding labeling requirements of the HCS. The reference to the
HCS is included to remind employers of their obligation under that standard to label containers

8

of hazardous chemicals such as Cr(VI). When employers and employees are aware of the
presence of Cr(VI) and its potential hazards, appropriate measures can be implemented to protect
employees.
In determining the burden and costs for labels, OSHA assumes that employers will obtain labels
that meet the HCS requirements from a contractor. In addition, the Agency is not taking burden
for affixing the labels to bags or containers because it believes that a nonsupervisory employee
can perform this task in less than 30 seconds (i.e., the task is de minimis).
2. Cleaning and Replacement (§§ 1910.1026(h)(3)(iii), 1915.1026(g)(3)(iii), and
1926.1126(g)(3)(iii))
These paragraphs require employers to inform any person who launders or cleans protective
clothing or equipment contaminated with Cr(VI): of the potentially harmful effects of exposure
to Cr(VI); and that the clothing and equipment should be laundered or cleaned in a manner that
minimizes skin or eye contact with Cr(VI) and effectively prevents the release of airborne Cr(VI)
in excess of the PEL.
As with the provision reminding employers of their obligation for labeling under the HCS, this
requirement will ensure that persons who clean or launder Cr(VI)-contaminated items are aware
of the associated hazards so they can take appropriate protective measures. When laundry or
cleaning services are performed by third parties, the information provided about Cr(VI) need not
be extensive to accomplish this goal. Appropriate hazard warnings, as required on labels by the
HCS, will be sufficient to indicate the potentially harmful effects of exposure to Cr(VI). In
addition, employers could place the language used in this provision 6 on a label, thereby fulfilling
the requirements of the provision. The employer is not expected to specify particular work
practices that third parties must follow to meet this requirement.
OSHA believes that employers covered by these standards will contract with industrial laundry
services to launder or clean Cr(VI)-contaminated protective clothing. The Agency also assumes
that these services, which specialize in laundering and cleaning protective clothing contaminated
with toxic chemicals, will, as a usual and customary practice, label the bags and other containers
used to store this clothing for subsequent removal by the service; therefore, OSHA is not taking a
burden to label these bags and containers. However, the Agency is taking burden hours and
burden cost for a supervisor to inform a laundry service of the Cr(VI)-contaminated clothing and
the need for the required labels.

6

This language reads as follows: “[T]he clothing and equipment should be laundered or cleaned in a manner that
minimizes skin or eye contact with Cr(VI) and effectively prevents the release of airborne Cr(VI) in excess of the PEL.”

9

E. Housekeeping (§ 1910.1026(j))
1. Disposal (§ 1910.1026(j)(3)(ii))
Paragraph (j)(3)(ii) of the general industry standard 7 requires employers to label bags or
containers of waste, scrap, debris, and any other materials contaminated with Cr(VI) that are
consigned for disposal in accordance with the HCS. The purpose of this provision is to inform
individuals who handle these items of the potential hazards involved. OSHA believes that it is
critically important that employees be made aware of the hazards associated with potential
Cr(VI) exposures. By alerting employers and employees who are involved in disposing of
Cr(VI)-contaminated material of the potential hazards of Cr(VI) exposure, they will be better
able to implement protective measures. The Agency has determined that the information
required on labels by the HCS, including the chemical identity and appropriate hazard warnings,
is sufficient to make employees aware of potential Cr(VI) exposure hazards. Reference to the
HCS has been added to ensure that employers are aware of their obligations under the HCS for
labeling of containers containing Cr(VI) contaminated waste. OSHA is not taking burden for
this labeling requirement because the Resource Conservation and Recovery Act of 1976, as
amended (42 U.S.C. 6901 et seq.), specifies that employers must provide the required label on
hazardous wastes, including Cr(VI), destined for disposal.
F. Medical Surveillance (§§ 1910.1026(k), 1915.1026(i), and 1926.1126(i))
Employers must make medical surveillance available at no cost to the employee, and at a
reasonable time and place, for all employees. In addition, employers must provide medical
examinations, and they must assure that all medical examinations and procedures required by the
standards are performed by or under the supervision of a PLHCP.
The purpose of medical surveillance for Cr(VI) is to determine if an employee can be exposed to
the Cr(VI) present in his or her workplace without experiencing adverse health effects, and to
identify Cr(VI)-related adverse health effects so that appropriate intervention measures can be
taken. With regard to periodic (i.e., annual) medical examinations, documentation and
maintenance of the medical-examination results required by the standards provide a continuous
record of employee health. PLHCPs use these records to determine the extent to which
employees, since their last examination, experience health effects related to Cr(VI) exposure.
Additionally, if signs and symptoms of potential Cr(VI) overexposure appear, the PLHCP often
needs information about an employee's previous medical condition to make an accurate
diagnosis of the presenting condition, ascertain its apparent cause, and identify a course of
treatment. Medical records also permit employees to determine whether they need treatment, or
to evaluate the effectiveness of their employer's exposure-reduction program.
The medical surveillance requirements of the standards are consistent with Section 6(b)(7) of the
OSH Act, which requires that, when appropriate, medical surveillance programs be included in

7

OSHA does not require housekeeping requirements for construction and shipyards. OSHA has determined that the
housekeeping provisions in the general industry standard are not appropriate for these sectors because of the difficulties of
complying with such requirements in construction and shipyard environments.

10

OSHA health standards to aid in determining whether the health of workers is adversely affected
by exposure to toxic substances. The following paragraphs describe the specific medical
examinations in detail.
1. Initial Medical Examination (§§ 1910.1026(k)(1)(i)(A), (k)(3)(i), and (k)(3)(ii);
1915.1026(i)(1)(i)(A), (i)(3)(i), and (i)(3)(ii); and 1926.1126(i)(1)(i)(A), (i)(3)(i), and
(i)(3)(ii))
Under the medical surveillance requirements specified by §§ 1910.1026(k)(1)(i)(A),
1915.1026(i)(1)(i)(A), and 1926.1126(i)(1)(i)(A), employers must provide initial medical
examinations to current employees who are or may be occupationally exposed to Cr(VI) at or
above the AL for 30 or more days a year. The content of the initial medical examinations is
described by §§ 1910.1026(k)(3)(i) and (k)(3)(ii), 1915.1026(i)(3)(i) and (i)(3)(ii), and
1926.1126(i)(3)(i) and (i)(3)(ii)), and consists of: a medical and work history, with emphasis on
past, present, and anticipated future exposure to Cr(VI); a history of respiratory system
dysfunction; a history of asthma, dermatitis, skin ulceration, or nasal septum perforation;
smoking status and history; and a physical examination of the skin and respiratory tract. The
initial medical examination not only establishes a medical baseline for each employee, but serves
to identify employees who have Cr(VI)-related medical disorders or other health problems that
additional Cr(VI) exposure may exacerbate. Employers will provide these medical examinations
during the first year of this ICR, with subsequent medical examinations for these employees
accounted for under the following item.
2. Annual Medical Examination (§§ 1910.1026(k)(2)(ii), (k)(3)(i), and (k)(3)(ii);
1915.1026(i)(2)(ii), (i)(3)(i), and (i)(3)(ii); and 1926.1126(i)(2)(ii), (i)(3)(i), and (i)(3)(ii))
Employers must provide these annual medical examinations after the first year of this ICR to the
employees who received the initial medical examinations listed in the previous item. The
content of the annual medical examinations is identical to the content of the initial medical
examinations. As noted above, periodic (i.e., annual) examinations provide information to
employers and PLHCPs regarding the medical effects of extended Cr(VI) exposure, as well as
the effectiveness of the employer’s control equipment and procedures.
3. Initial Medical Examination with Additional Tests (§§ 1910.1026(k)(1)(i)(B) and (k)(3)(i)(k)(3)(iii); 1915.1026(i)(1)(i)(B) and (i)(3)(i)-(i)(3)(iii); and 1926.1126(i)(1)(i)(B) and
(i)(3)(i)-(i)(3)(iii))
These initial medical examinations apply to employees who are experiencing signs or symptoms
of the adverse health effects associated with Cr(VI) exposure. The PLHCP is responsible for
ordering these examinations, the content of which includes the medical and work history, and
physical examination of the skin and respiratory tract, described above in item 1 of this section.
However, these employees, because of the signs or symptoms they are experiencing, also receive
additional testing ordered by the PLHCP under §§ 1910.1026(k)(3)(iii), 1915.1026(i)(3)(iii), and
1926.1126(i)(3)(iii).

11

4. Annual Medical Examination with Additional Tests (§§ 1910.1026(k)(2)(ii) and (k)(3)(i)(k)(3)(iii); 1915.1026(i)(2)(ii) and (i)(3)(i)-(i)(3)(iii); and 1926.1126(i)(2)(ii) and (i)(3)(i)(i)(3)(ii))
Under these provisions, employers must provide these annual medical examinations, which
include additional testing, to the employees described in the previous item. Employers must
conduct these annual medical examinations after the first year of this ICR. The content of these
annual medical examinations is identical to the content of the initial medical examinations with
additional testing described in the previous item.
5. Medical Examination After Initial Assignment (§§ 1910.1026(k)(2)(i), (k)(3)(i), and
(k)(3)(ii); 1915.1026(i)(2)(i), (i)(3)(i), and (i)(3)(ii); and 1926.1126(i)(2)(i), (i)(3)(i), and
(i)(3)(ii))
These provisions require employers to provide an initial medical examination to employees
newly assigned to operations that involve exposure to Cr(VI) above the AL. These employees
must receive the initial medical examination within 30 days of assuming this new assignment.
The content of this initial medical examination consists of the same medical and work history,
and physical examination of the skin and respiratory tract, described for the initial medical
examination provided to current employees under item 1 of this section. These initial medical
examinations establish a medical baseline for each employee, and identify employees who have
medical conditions that may become worse under Cr(VI) exposure.
6. Medical Examination at the Termination of Employment (§§ 1910.1026(k)(2)(vi) and
(k)(3)(i)-(k)(3)(iii); 1915.1026(i)(2)(vi) and (i)(3)(i)-(i)(3)(iii); and 1926.1126(i)(2)(vi) and
(i)(3)(i)-(i)(3)(iii))
The requirements specified by §§ 1910.1026(k)(2)(vi), 1915.1026(i)(2)(vi), and
1926.1126(i)(2)(vi) address the medical examination that employers must provide to employees
exposed to Cr(VI) above the AL when these employees terminate their employment; employers
do not have to provide this medical examination when an employee’s last medical examination
satisfied the requirements of these standards and was administered to the employee less than 6
months prior to the date of termination. The content of these medical examinations is identical
to the content of the medical examinations with additional testing described under §§
1910.1026(k)(3)(i)-(k)(3)(iii), 1915.1026(i)(3)(i)-(i)(3)(iii), and 1926.1126(i)(3)(i)-(i)(3)(iii).
These medical examinations assure that no employee terminates employment with an active, but
undiagnosed, medical condition resulting from exposure to Cr(VI). In addition, these medical
examinations provide employees and their PLHCPs with information that may be useful in
diagnosing and treating latent effects of Cr(VI) exposure that may arise after termination of
employment.
7. Information Provided to the PLHCP (§§ 1910.1026(k)(4), 1915.1026(i)(4), and
1926.1126(i)(4))
Paragraph (k)(4) of the general industry standard, and paragraph (i)(4) of the shipyardemployment and construction standards, require the employer to provide the PLHCP with the

12

following information: a copy of the appropriate standard; a description of the affected
employee's former, current, and anticipated duties as they relate to Cr(VI) exposure; the
employee's former, current, and anticipated exposure level; a description of any personal
protective equipment used or to be used by the employee, including when and for how long the
employee has used that equipment; and information from records of employment-related medical
examinations previously provided to the affected employee that are within the control of the
employer. OSHA believes that making the required information available to the PLHCP will aid
the PLHCP in evaluating the signs and symptoms of potential Cr(VI)-related health effects.
Information on the employee’s exposures to Cr(VI), the employee’s use of personal-protective
equipment, and the results of previous examinations, when possible, will provide important
information that the PLHCP can use, in conjunction with information gained from the required
medical and work histories, in determining whether the observed symptoms are a result of
Cr(VI) exposure. Making this information available to PLHCPs also assists them in evaluating
an employee's health and fitness for specific job assignments involving Cr(VI) exposure. OSHA
is assuming, in determining the burden hours and burden-hour cost associated with the
requirement, that a clerical employee will collect the required information from employee
records and provide it to the PLHCP prior the medical examination.
8. PLHCP’s Written Medical Opinion (§§ 1910.1026(k)(5), 1915.1026(h)(5), and
1926.1126(i)(5))
These paragraphs require the employer to obtain a written medical opinion from the PLHCP
within 30 days for each medical examination performed on an employee. This written opinion
must contain the following information: the PLHCP’s opinion as to whether the employee
would be placed at increased risk of material health impairment as a result of exposure to Cr(VI);
any recommended limitations on the employee’s exposure or use of personal protective
equipment; and a statement that the PLHCP has explained to the employee the results of the
medical examination, including any medical conditions related to Cr(VI) exposure that require
further evaluation or treatment, and any special provisions for use of protective clothing or
equipment. In the opinion, the PLHCP must not reveal to the employer specific findings or
diagnoses unrelated to occupational exposure to Cr(VI). Employers must provide a copy of the
PLHCP’s written medical opinion to the examined employee within 2 weeks after receiving the
opinion.
Under the standards, the PLHCP is not be allowed to include in the written opinion provided to
the employer any findings or diagnoses that are unrelated to Cr(VI) exposure. This provision
reassures employees participating in medical surveillance that they will not be penalized or
embarrassed by the employer obtaining information about them not directly pertinent to their
Cr(VI) exposure. The employee would be informed directly by the PLHCP of all results of his
or her medical examination, including conditions of a non-occupational origin, but the employer
would only receive information necessary to make decisions regarding employee placement and
protective-equipment selection relative to Cr(VI) exposures.
The purpose in requiring the employer to obtain a PLHCP's written opinion is to provide the
employer with medical information to use in determining the employee's initial job assignments,
and to assess the employee's ability to use protective clothing and equipment other than

13

respirators. The PLHCP's written opinion also informs the employer about whether the
employee has a condition indicating Cr(VI) overexposure. The prohibition against providing the
employer with information regarding conditions unrelated to Cr(VI) exposure ensures that
discussions between the PLHCP and patient are open and candid, thereby enhancing diagnosis
and treatment. The requirement that the PLHCP's opinion be in writing ensures, among other
things, that the information is available for future reference. Providing employees with a copy of
the PLHCP’s written opinion informs them of the medical-examination results so that they can
determine the need for, and evaluate the effectiveness of, treatments and other interventions. In
determining the burden hours and burden cost resulting from this requirement, the Agency
assumes that a clerical employee will provide the PLHCP’s medical opinion to an employee
within the required 2-week period.
G. Communication of Chromium (VI) Hazards to Employees (§§ 1910.1026(l),
1915.1026(j), and 1926.1126(j))
1. Employee Information and Training (§§ 1910.1026(l)(2), 1915.1026(j)(2), and
1926.1126(j)(2))
Paragraph (l)(2) of the general industry standard, and paragraphs (j)(2) in the shipyard
employment and construction standards, require the employer to ensure that each employee can
demonstrate knowledge of the contents of these standards, and the purpose and a description of
the medical-surveillance program required by these standards. The employer also must make a
copy of the appropriate standard readily available without cost to all affected employees.
OSHA believes these communication provisions are performance-oriented. The standards list
the subjects that employers must ensure their employees understand, but not the specific ways
that the communication is to be accomplished. Hands-on training, videotapes, slide
presentations, classroom instruction, informal discussions during safety meetings, written
materials, or any combination of these methods may be appropriate. Performance-oriented
requirements will encourage employers to tailor training to the needs of their workplaces,
thereby ensuring that employees receive effective training regarding the hazards of Cr(VI)
exposure and how to prevent and control such exposure. Since these provisions are
performance-oriented and no training records are required, OSHA is not taking burden for them
under Items 12 or 13 of this Supporting Statement.
H. Recordkeeping (§§ 1910.1026(m), 1915.1026(k), and 1926.1126(k))
The recordkeeping requirements in these standards conform to Section 8(c) of the OSH Act,
which authorizes OSHA to require employers to keep and make available records as necessary or
appropriate for the enforcement of the Act or for developing information regarding the causes
and prevention of occupational injuries and illnesses. The recordkeeping provisions also are
consistent with OSHA's standard on access to employee exposure and medical records (29 CFR
1910.1020).
1. Air Monitoring Data (§§ 1910.1026(m)(1), 1915.1026(k)(1), and 1926.1126(k)(1)) and
Medical Surveillance (§§ 1910.1026(m)(4), 1915.1026(k)(4), and 1926.1126(k)(4))

14

Air monitoring data. Employers who perform air monitoring to determine employee Cr(VI)
exposures must keep records that identify the monitored employee and all other employees
whose exposures are represented by the monitoring samples. The employer must keep accurate
records for each exposure measurement taken. These records must include the following
information: the date of measurement for each sample taken; the operation involving exposure
to Cr(VI) that was monitored; sampling and analytical methods used and evidence of their
accuracy; the number, duration, and results of samples taken; the type of personal-protective
equipment used by the employee; and the name, social security number, and job classification of
all employees represented by the monitoring, indicating which employees were actually
monitored. Also, employers must ensure that exposure records are maintained and made
available in accordance with 29 CFR 1910.1020. 8
Establishing and maintaining records of air monitoring data permit employers, employees,
OSHA, and other interested parties (i.e., industry trade associations and employee unions, or
comparable organizations) to identify the levels, durations, and extent of Cr(VI) exposure,
determine if existing controls are protecting employees or whether additional controls are
necessary to provide the required protection, and assess the relationship between Cr(VI)
exposure and the subsequent development of medical diseases. These records also allow OSHA
to ascertain whether employers are complying with the standards, thereby ensuring that
employees are receiving adequate protection from Cr(VI) exposure.
Medical surveillance. The employer must establish and maintain an accurate medicalsurveillance record for each employee subject to the medical surveillance-requirements of the
standards. Medical-surveillance records must include the following information: the name,
social security number, and job classification of the employee; a copy of the PLHCP's written
opinions; and a copy of the information provided to the PLHCP. This information includes the
employee's duties as they relate to Cr(VI) exposure, Cr(VI) exposure levels, and descriptions of
personal-protective equipment used by the employee. Also, the employer must ensure that
employee medical records are maintained in accordance with 29 CFR 1910.1020.
Medical records are necessary and appropriate for the protection of employee health, the
enforcement of the standards, and the development of information regarding the causes and
prevention of Cr(VI)-related illnesses. Complete medical records, including the record of the
examination administered upon termination of employment, are important to the employee
because this information is necessary for the proper evaluation of the employee’s health, and will
assist the employee and the employee’s PHLCP in making valid health-care decisions. Complete
medical records also will alert employers to employee health problems that are related to Cr(VI)
exposure, thereby permitting the employer to modify workplace conditions causing the harmful
Cr(VI) exposures. Finally the records will be useful to the Agency and others in enumerating
illnesses and deaths attributable to Cr(VI), evaluating compliance programs, and assessing the
efficacy of the standards.

8

The Agency assumes that employers will not use either performance-oriented option (i.e., historical monitoring data or
objective data) during the period covered by this ICR because sufficient exposure data will not be available to do so during this
period. Therefore, OSHA also is not taking any recordkeeping burden for these options in this ICR as specified in the final
standards at §§ 1910.1026(m)(2) and (m)(3), 1915.1026(k)(2) and (k)(3), and 1926.1126(k)(2) and (k)(3).

15

3.

Describe whether, and to what extent, the collection of information involves the use of automated,
electronic, mechanical, or other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses, and the basis for the decision for
adopting this means of collection. Also describe any consideration of using information technology to
reduce burden.

Employers may use improved information technology when establishing and maintaining the
required records. The Agency wrote the paperwork requirements of the Standard in
performance-oriented language, i.e., in terms of what data to collect, not how to record the data.
4.

Describe efforts to identify duplication. Show specifically why any similar information already
available cannot be used or modified for use for the purposes described in Item 2 above.

The information collection requirements of the standards are specific to each employer and
employee involved, and no other source or agency duplicates these requirements or can make the
required information available to the Agency (i.e., the required information is available only
from employers).
5.

If the collection of information impacts small businesses or other small entities (Item 5 of OMB Form
83-I), describe any methods used to minimize burden.

The information collection requirements of the Standard do not have a significant impact on a
substantial number of small entities.
6.

Describe the consequence to Federal program or policy activities if the collection is not conducted or
is conducted less frequently, as well as any technical or legal obstacles to reducing burden.

The information collection frequencies specified by the standards are the minimum frequencies
that the Agency believes are necessary to ensure that employers and OSHA can effectively
monitor the exposure and health status of employees, thereby preventing serious illness or death
resulting from hazardous Cr(VI) exposure.
7.

Explain any special circumstances that would cause an information collection to be conducted in a
manner:
· Requiring respondents to report information to the agency more often than quarterly.
· Requiring respondents to prepare a written response to a collection of information in fewer than
30 days after receipt of it.
· Requiring respondents to submit more than an original and two copies of any document.
· Requiring respondents to retain records, other than health, medical, government contract,
grant-in-aid, or tax records for more than three years.
· In connection with a statistical survey, that is not designed to produce valid and reliable results
that can be generalized to the universe of study.
· Requiring the use of a statistical data classification that has not been reviewed and approved by
OMB.

16

· That includes a pledge of confidentiality that is not supported by authority established in statute
or regulation, that is not supported by disclosure and data security policies that are consistent
with the pledge, or which unnecessarily impedes sharing of data with other agencies for
compatible confidential use.
· Requiring respondents to submit proprietary trade secret, or other confidential information
unless the agency can demonstrate that it has instituted procedures to protect the information's
confidentiality to the extent permitted by law.

Under paragraph (d)(4) of the standards, employers must inform employees, in writing or by
posting, of the exposure-assessment results no later than 15 working days after obtaining the
results. If these results indicate that an employee’s exposures are above the PEL, the notification
must state what corrective actions the employer is taking to reduce the employee’s exposure to or
below the PEL. Additionally, paragraph (k)(5) of the general industry standard, and paragraphs
(h)(5) and (i)(5) of the shipyard-employment and construction standards, respectively, require
employers to provide employees with a copy of the PLHCP’s written opinion regarding their
medical examination within two weeks after receipt. The reasons for these requirements are
explained above in Item 2 of this ICR.
8.

If applicable, provide a copy and identify the date and page number of publication in the Federal
Register of the Agency's notice, required by 5 CFR 1320.8(d), soliciting comments on the information
collection prior to submission to OMB. Summarize public comments received in response to that
notice and describe actions taken by the Agency in response to these comments. Specifically address
comments received on cost and hour burden.
Describe efforts to consult with persons outside the Agency to obtain their views on the availability of
data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting
format (if any), and on the data elements to be recorded, disclosed, or reported.
Consultation with representatives of those from whom information is to be obtained or those who
must compile records should occur at least once every 3 years—even if the collection of information
activity is the same as in prior periods. There may be circumstances that may preclude consultation
in a specific situation. These circumstances should be explained.

As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3506(c)(2)(AA)), OSHA
published a Federal Register on June 22, 2009 (74 FR 29517, Docket No. OSHA-2009-0015)
soliciting comments from the public and other interested parties on the information collection
requirements contained in the Cr(VI) standards for general industry (29 CFR 1910.1026),
shipyard employment (29 CFR 1915.1026), and construction (29 CFR 1926.1126). The notice
was part of a preclearance consultation program that provides interested parties with an
opportunity to comment on OSHA’s request for an extension by OMB of a previous approval of
the information collection requirements found in the Cr(VI) standards. The Agency did not
receive any comments regarding the proposed information collection request.
9.

Explain any decision to provide any payment or gift to respondents, other than reenumeration of
contractors or grantees.

The Agency will not provide payments or gifts to the respondents.

17

10.

Describe any assurance of confidentiality provided to respondents and the basis for the assurance in
statute, regulation, or agency policy.

To ensure that the personal information contained in medical records required by the standards
remains confidential, the Agency developed and implemented 29 CFR 1913.10 (“Rules of
Agency Practice and Procedure Concerning OSHA Access to Employee Medical Records”) to
regulate access to these records.
11.

Provide additional justification for any questions of a sensitive nature, such as sexual behavior and
attitudes, religious beliefs, and other matters that are commonly considered private. This justification
should include the reasons why the agency considers the questions necessary, the specific uses to be
made of the information, the explanation to be given to persons form whom the information is
requested, and any steps to be taken to obtain their consent.

The paperwork requirements specified by the Cr(VI) standards do not require the collection of
sensitive information.
12.

Provide estimates of the hour burden of the collection of information. The statement should:
· Indicate the number of respondents, frequency of response, annual hour burden, and an
explanation of how the burden was estimated. Unless directed to do so, agencies should not
conduct special surveys to obtain information on which to base hour burden estimates.
Consultation with a sample (fewer than 10) of potential respondents is desirable. If the hour
burden on respondents is expected to vary widely because of differences in activity, size, or
complexity, show the range of estimated hour burden, and explain the reasons for the variance.
Generally, estimates should not include burden hours for customary and usual business
practices.
· If this request for approval covers more than one form, provide separate hour burden estimates
for each form and aggregate the hour burdens in Item 13 of OMB Form 83-I.
· Provide estimates of annualized cost to respondents for the hour burdens for collections of
information, identifying and using appropriate wage-rate categories.

Determinations for Burden Hours, Burden-Hour Cost, and Capital Cost
OSHA based these determinations on its Final Economic Analysis (“FEA”) and the “Cost and
Economic Impact Analysis of a Revised OSHA Standard for Hexavalent Chromium, Volumes I
and II,” prepared by Shaw Environmental Inc. (“the Shaw Report”) (Exs. 49 and 50 in the
rulemaking docket, H-054A). Tables 1-33 referenced in this Supporting Statement may be
downloaded from the Supplementary Documents section in ROCIS titled: Chromium Tables 1 7; Chromium Tables 8-15, Chromium Tables 16-24 and Chromium Tables 24-33. These tables
list the detailed data from the FEA and Shaw Report used to make these determinations; these
data include, as appropriate, affected industrial sectors, number of affected plants, number of
affected employees, time to perform the activity, and wage rates for in-house employees
performing the specified activities. Table A also attached to this Supporting Statement, provides
a summary of the determinations made by the Agency for the burden hour, burden-hour cost, and
capital cost under Items 12 and 13 of this Supporting Statement.
The Agency obtained the wage rates for the private-sector and public-sector occupational
categories used in making these determinations from “Employer Cost for Employee
18

Compensation,” National Compensation Survey—Compensation Cost Trends, U.S. Department
of Labor, Bureau of Labor Statistics, 2003. These wage rates are for nonsupervisory,
supervisory, and clerical employees, 9 and vary by industrial sector; see the relevant tables
attached to this Summary Statement for the wage rates used for these occupational categories
across the different industrial sectors. The wage rates for these occupational categories include
an adjustment for the average level of fringe benefits for these occupational categories. The cost
of labor used in these wage-rate determinations are, therefore, estimates of total hourly
compensation.
13.

Provide an estimate for the total annual cost burden to respondents or recordkeepers resulting from
the collection of information. (Do not include the cost of any hour burden shown in Items 12 and 14).
· The cost estimate should be split into two components: (a) a total capital and start-up cost
component (annualized over its expected useful life) and (b) a total operation and maintenance and
purchase of service component. The estimates should take into account costs associated with
generating, maintaining, and disclosing or providing the information. Include descriptions of
methods used to estimate major cost factors including system and technology acquisition, expected
useful life of capital equipment, the discount rate(s), and the time period over which costs will be
incurred. Capital and start-up costs include, among other items, preparations for collecting
information such as purchasing computers and software; monitoring, sampling, drilling and
testing equipment; and record storage facilities.
· If cost estimates are expected to vary widely, agencies should present ranges of cost burdens and
explain the reasons for the variance. The cost of purchasing or contracting out information
collection services should be a part of this cost burden estimate. In developing cost burden
estimates, agencies may consult with a sample of respondent (fewer than 10), utilize the 60-day
pre-OMB submission public comment process and use existing economic or regulatory impact
analysis associated with the rulemaking containing the information collection, as appropriate.
· Generally, estimates should not include purchases of equipment or services, or portions thereof,
made: (1) prior to October 1, 1995, (2) to achieve regulatory compliance with requirements not
associated with the information collection, (3) for reasons other than to provide information or
keep records for the government, or (4) as part of customary and usual business or private
practices.

Specific and total capital cost for the paperwork requirements contained in this standard are
identified and provided in the fourth column (“Capital Cost (Item 13)”) of Table A (“Summary
of Burden Hours, Burden-Hour Cost, and Capital Cost Under Items 12 and 13 of this Supporting
Statement”).
14.

Provide estimates of annualized cost to the Federal government. Also, provide a description of the
method used to estimate cost, which should include quantification of hours, operational expenses
(such as equipment, overhead, printing, and support staff), and any other expense that would not
have been incurred without this collection of information. Agencies also may also aggregate cost
estimates from Items 12, 13, and 14 in a single table.

OSHA estimates that a compliance officer (GS-12, step 5), with an hourly wage rate of $39.70,
spends about 15 minutes (.25 hours) during an inspection reviewing the documents required by

9

In Table A below, OSHA used the non-supervisory wage rate for categories designated as “employee” and “industrial
hygiene technician.”

19

the Cr(VI) standards. The Agency determined that its compliance officers will conduct
approximately 1,094 inspections during each year covered by this ICR. 10 OSHA considers other
expenses, such as equipment, overhead, and support staff salaries to be normal operating
expenses that would occur without the paperwork requirements specified by the standards.
Therefore, the total annual cost of these paperwork requirements to the Federal government is:
Cost: 1,094 inspections x .25 hour x $39.70 = $10,858
15.

Explain the reasons for any program changes or adjustments.

OSHA is requesting a total burden hour reduction of 488,866 hours. Below are the tables being
modified.
Burden-hour adjustments:
Supervisor time and cost to inform laundry contractor about Cr(VI)-contaminated
protective clothing or equipment – Table 19
The Agency assumes that only 25% of the total number of plants will need to notify or re-inform
the laundering company of the presence of Cr(VI), resulting in an overall decrease of 4,297
hours.
Employee time and cost to complete the initial medical examination – Table 20
The Agency estimates that 5% of the potentially exposed employees will be required to
implement engineering controls as required by the initial medical examination requirements in
the standards. Assuming that only new plants will be affected by this requirement results in a
total decrease of 383,825 hours.
Employee time and cost to complete the initial medical examination with additional tests –
Table 24
The Agency assumes that 5% of the potentially exposed employees will receive initial
comprehensive medical examinations and additional testing. This decrease in medical
examinations and additional testing resulted in a total reduction of 2,474 hours.
Clerical time and costs to establish and maintain a record for air-monitoring and medical
surveillance – Table 33
OSHA is requesting an adjustment decrease of 98,270 hours as a result of employers establishing
and preparing initial exposure and medical surveillance records. OSHA reduced the time for this
requirement from 15 minutes to 5 minutes because, in subsequent years, employers will not need
to establish files.

10

This table, and other tables referenced in Table A, refer to the tables attached to this Supporting Statement that
contain the detailed data used by OSHA in making these determinations.

20

Costs adjustments:
Initial exposure determination (contractor costs) – Table 1
OSHA is requesting an adjustment decrease of $52,754,407 because employers will no longer
have to perform initial exposure monitoring. To determine the number of new employers that
may need to conduct initial exposure monitoring, OSHA multiplied the number of existing plants
by 5%.
Initial cost for exposure monitoring samples – Table 2
OSHA is requesting a $17,253,072 decrease as a result of employers no longer needing to
perform initial exposure monitoring. To determine the number of employers that may need to
conduct initial exposure monitoring, OSHA multiplied the number of existing plants represented
by the model input by 5%.
Contractor costs to purchase appropriate labels for glove disposal containers – Table 18
An adjustment decrease of $32,047 is requested because employers no longer need to make
initial purchases of warning labels, bags, and containers. OSHA assumed that 5% of the total
number of existing glove-disposal containers will need to have their labels replaced.
Initial medical costs for employee who are potentially exposed to airborne hexavalent
chromium or who show signs or symptoms of exposure to hexavalent chromium – Table 21
An adjustment decrease of $15,295,361 is requested because OSHA estimates that 5% (instead
of 10%) of the potentially exposed employees are at or above the action level, and workers with
signs and symptoms before the implementation of engineering controls will receive a medical
exam.
Contact costs for a PLHCP to conduct the initial medical examination w/additional tests Table 25
The Agency requests an adjustment decrease of $131,907 as a result of fewer employees
requiring initial comprehensive medical exams because of abnormal medical exam results. In
this ICR, OSHA assumed that 5% of the total number of potentially exposed employees will
need initial comprehensive medical exams.
16.

For collections of information whose results will be published, outline plans for tabulation, and
publication. Address any complex analytical techniques that will be used. Provide the time schedule
for the entire project, including beginning and ending dates of the collection of information,
completion of report, publication dates, and other actions.

OSHA will not publish the information collected under the Cr(VI) standards.

21

17.

If seeking approval to not display the expiration date for OMB approval of the information
collection, explain the reasons that display would be appropriate.

No forms are available for the Agency to display the expiration date.
18. Explain each exception to the certification statement.

OSHA is not requesting an exception to the certification statement.

22

Table A
Summary of Burden Hours, Burden Hour Cost (Item 12),
Capital Cost (Item 13), and Total Responses

Collection of Information Requirements
(Item 2)

Existing
Burden
Hours
(Item 12)

Proposed
Burden
Hours
(Item 12)

Change

Burden
hour Cost
(Item 12)

Existing
Capital Cost
(Item 13)

Proposed
Capital Cost
(Item 13)

Change

A. Exposure Determination (paragraph (d)
of §§ 1910.1026, 1915.1026, and 1926.1126)
1. Scheduled Monitoring Option: Initial Exposure Monitoring (paragraph (d)(2)(i) of §§ 1910.1026, 1915.1026, and 1926.1126)
a. Contract Cost for an Industrial Hygiene
-52,754,407
$55,555,424
$2,801,017
Technician to Perform Initial Exposure
Monitoring (Table 1) 11
b. Contract Cost for a Laboratory to Conduct
-17,253,072
$18,161,280
$908,208
Analysis of Initial Exposure-Monitoring Air
Samples (Table 2)
2. Scheduled Monitoring Option: Semi-Annual Exposure Monitoring (paragraph (d)(2)(iii) of §§ 1910.1026, 1915.1026, and 1926.1126)
a. Employee Time and Cost to Conduct Semi5,866
5,866
0
$147,686
Annual Exposure Monitoring (Table 3)
b. Contract Cost for an Industrial Hygiene
$12,994,829
$12,994,829
0
Technician to Perform Semi-Annual Exposure
Monitoring (Table 4)
c. Contract Cost for a Laboratory to Conduct
$4,868,764
$4,868,764
0
Analysis of Semi-Annual ExposureMonitoring Air Samples (Table 5)
3. Scheduled Monitoring Option: Quarterly Exposure Monitoring (paragraph (d)(2)(iv) of §§ 1910.1026, 1915.1026, and 1926.1126)
a. Employee Time and Cost to Conduct
166,399
166,399
0
$4,267,045
Quarterly Exposure Monitoring (Table 6)
b. Contract Cost for an Industrial Hygiene
$6,194,850
$6,194,850
0
Technician to Perform Quarterly Exposure
Monitoring (Table 7)
c. Contract Cost for a Laboratory to Conduct
$1,487,691
$1,487,691
0
-

Number
of
Responses

-

-

9,370

-

9,836

-

11

This table, and other tables referenced in Table A refer to the tables attached to this Supporting Statement that contain the detailed data used by OSHA in making these
determinations.

Collection of Information Requirements
(Item 2)

Existing
Burden
Hours
(Item 12)

Proposed
Burden
Hours
(Item 12)

Change

Burden
hour Cost
(Item 12)

Existing
Capital Cost
(Item 13)

Proposed
Capital Cost
(Item 13)

Change

Analysis of Quarterly Exposure-Monitoring
Air Samples (Table 8)
4. Employee Notification of Determination Results (paragraph (d)(4) of §§ 1910.1026, 1915.1026, and 1926.1126)
a. Supervisor Time and Cost to Notify
14,171
14,171
0
$528,025
Employees of quarterly monitoring results
(Table 9)
b. Supervisor Time and Cost to Notify
0
43,783
43,783
$1,086,433
Employees of Initial Monitoring Results
(Table 9a - Remand) 12
c. Supervisor Time and Cost to Notify
0
18,792
18,792
$440,298
Employees of semi-annual monitoring results
(Table 9b - Remand)12
B. Regulated Areas 1910.1026(e)
1. Demarcation (§ 1910.1026(e)(2))
0
0
0
0
C. Respiratory Protection (§§ 1910.1026(g),
1915.1026(f), and 1926.1126(f))
1. Respiratory-Protection Program: Qualitative Fit Testing for Respirator Use (§§ 1910.1026(g)(2), 1915.1026(f)(2), and 1926.1126(f)(2))
a. Employee and Industrial Hygiene
15,471
15,471
0
$351,542
Technician Time and Cost to Conduct
Qualitative Fit Testing (Table 10)
b. Cost of Materials for Qualitative Fit Testing
$2,108
$2,108
(Table 11)
2. Respiratory-Protection Program: Quantitative Fit Testing for Respirator Use (§§ 1910.1026(g)(2), 1915.1026(f)(2), and 1926.1126(f)(2))
a. Employee Time and Cost to Conduct
41
41
0
$1,074
Quantitative Fit Testing (Table 12)
b. Contract Cost for an Industrial Hygienist to
$3,540
$3,540
Conduct Quantitative Fit Testing for
Respirators (Table 13)
3. Respiratory-Protection Program: Medical Questionnaire for Respirator Use (§§ 1910.1026(g)(2), 1915.1026(f)(2), and 1926.1126(f)(2))
a. Employee Time and Cost to Complete the
4,049
4,049
0
$94,429
Medical Questionnaire for Respirator Use
(Table 14)

12

These totals are not included in the total burden hours and cost. OSHA is currently addressing the court order remand.

24

-

Number
of
Responses

56,685

175,135

75,166

-

-

-

30,943

0

-

-

82

0

-

-

23,825

Collection of Information Requirements
(Item 2)

Existing
Burden
Hours
(Item 12)

Proposed
Burden
Hours
(Item 12)

Change

Burden
hour Cost
(Item 12)

Existing
Capital Cost
(Item 13)

Proposed
Capital Cost
(Item 13)

Change

Number
of
Responses

b. Contract Cost for a PLHCP to Review the
$773,376
$773,376
0
Medical Questionnaire for Respirator Use
(Table 15)
4. Respiratory-Protection Program: Follow-up Medical Examination for Respirator Use (§§ 1910.1026(g)(2), 1915.1026(f)(2), and 1926.1126(f)(2))
a. Employee Time and Cost to Complete the
14,655
14,655
0
$335,938
4,885
Medical Examination for Respirator Use
(Table 16)
b. Contract Cost for a PLHCP to Conduct the
$536,738
$536,738
0
Medical Examination for Respirator Use
(Table 17)
D. Protective Work Clothing and
Equipment (§§1910.1026(h), 1915.1026(g),
and 1926.1126(g))
1. Removal and Storage (§§ 1910.1026(h)(2)(iv), 1915.1026(g)(2)(iv), and 1926.1126(g)(2)(iv))
a. Contract Cost to Obtain Cr(VI) HazardWarning Labels for Bags or Containers Used
$33,734
$1,687
-$32,047
to Store Cr(VI)-Contaminated Protective
Clothing or Equipment (Table 18)
2. Cleaning and Replacement (§§ 1910.1026(h)(3)(iii), 1915.1026(g)(3)(iii), and 1926.1126(g)(3)(iii))
a. Supervisor Time and Cost to Inform
Laundry Contractor About Cr(VI)5,729
1,432
-4,297
$45,237
71,623
Contaminated Protective Clothing or
Equipment (Table 19)
E. Housekeeping (§ 1910.1026(j))
0
0
0
0
0
0
0
0
1. Disposal (§ 1910.1026(j)(3)(ii))
F. Medical Surveillance (§§ 1910.1026(k),
1915.1026(i), and 1926.1126(i))
1. Initial Medical Examination (§§ 1910.1026(k)(1)(i)(A), (k)(3)(i), and (k)(3)(ii); 1915.1026(i)(1)(i)(A), (i)(3)(i), and (i)(3)(ii); and 1926.1126(i)(1)(i)(A), (i)(3)(i),
and (i)(3)(ii))
a. Employee Time and Cost to Complete the
402,966
19,141
-383,825
$440,130
134,112
Initial Medical Examination (Table 20)

b. Contract Cost for a PLHCP to Conduct the
Initial Medical Examination (Table 21)

-

-

-

-

25

$16,100,380

$805,019

$15,295,361

Existing
Proposed
Existing
Burden
Number
Proposed
Burden
Burden
Capital Cost
Change
Change
hour Cost
of
Capital Cost
Hours
Hours
(Item 13)
(Item 13)
(Item 12)
Responses
(Item 12)
(Item 12)
2. Annual Medical Examination (§§ 1910.1026(k)(2)(ii), (k)(3)(i), and (k)(3)(ii); 1915.1026(i)(2)(ii), (i)(3)(i), and (i)(3)(ii); and 1926.1126(i)(2)(ii), (i)(3)(i), and
(i)(3)(ii))
a. Employee Time and Cost to Complete the
225,986
225,986
0
$5,448,872
75,971
Annual Medical Examination (Table 22)
b. Contract Cost for a PLHCP to Conduct the
$8,700,843
$8,700,843
0
Medical Examination (Table 23)
3. Initial Medical Examination with Additional Tests (§§1910.1026(k)(1)(i)(B) and (k)(3)(i)-(k)(3)(iii); 1915.1026(i)(1)(i)(B) and (i)(3)(i)-(i)(3)(iii); and
1926.1126(i)(1)(i)(B) and (i)(3)(i)-(i)(3)(iii))
a. Employee Time and Cost to Complete the
2,604
130
-2,474
$2,982
33
Initial Medical Examination with Additional
Tests (Table 24)
b. Contract Cost for a PLHCP to Conduct the
$138,850
$6,943
-$131,907
Initial Medical Examination with Additional
Tests (Table 25)
4. Annual Medical Examination with Additional Tests (§§ 1910.1026(k)(2)(ii) and (k)(3)(i)-(k)(3)(iii); 1915.1026(i)(2)(ii) and (i)(3)(i)-(i)(3)(iii); and
1926.1126(i)(2)(ii) and (i)(3)(i)-(i)(3)(ii))
a. Employee Time and Cost to Complete the
1,140
1,140
0
$27,513
380
Annual Medical Examination with Additional
Tests (Table 26)
b. Contract Cost for a PLHCP to Conduct the
$80,385
$80,385
0
Annual Medical Examination with Additional
Tests (Table 27)
5. Medical Examination After Initial Assignment (§§1910.1026(k)(2)(i), (k)(3)(i), and (k)(3)(ii);1915.1026(i)(2)(i), (i)(3)(i), and (i)(3)(ii); and 1926.1126(i)(2)(i),
(i)(3)(i), and (i)(3)(ii))
a. Employee Time and Cost to Complete the
35,617
35,617
0
$794,474
8,961
Medical Examination After Initial Assignment
(Table 28)
b. Contract Cost for a PLHCP to Conduct the
$3,568,450
0
$3,568,450
Medical Examination After Initial Assignment
(Table 29)
6. Medical Examination at the Termination of Employment (§§ 1910.1026(k)(2)(vi) and (k)(3)(i)-(k)(3)(iii); 1915.1026(i)(2)(vi) and (i)(3)(i)-(i)(3)(iii); and
1926.1126(i)(2)(vi) and (i)(3)(i)-(i)(3)(ii))
a. Employee Time and Cost to Complete the
40,995
40,995
0
$902,770
21,119
Medical Examination at the Termination of
Employment (Table 30)
Collection of Information Requirements
(Item 2)

26

Collection of Information Requirements
(Item 2)

Existing
Burden
Hours
(Item 12)

Proposed
Burden
Hours
(Item 12)

Change

Burden
hour Cost
(Item 12)

b. Contract Cost for a PLHCP to Conduct the
Medical Examination at the Termination of
Employment (Table 31)
7. Information Provided to the PLHCP (§§ 1910.1026(k)(4), 1915.1026(i)(4), and 1926.1126(i)(4))
a. Clerical Time and Cost to Provide
134,028
134,028
0
$2,185,878
Information to the PLHCP (Table 32)
8. PLHCP’s Written Medical Opinion
a. Employee and Clerical Time and Cost to
Provide the PLHCP’s Written Medical
Opinion to Employee (burden taken in Table
33)
G. Communication of Cr(VI) Hazards to
Employees (§§ 1910.1026(l), 1915.1026(j),
and 1926.1126(j))
1. Employee Information and Training (§§
0
0
0
0
1910.1026(l)(2), 1915.1026(j)(2), and
1926.1126(j)(2))
H. Recordkeeping (§§ 1910.1026(m),
1915.1026(k), and 1926.1126(k))
a. Clerical Time and Cost to Establish and
144,468
46,198
-98,270
$859,365
Maintain Record for Air Monitoring Data and
Medical Surveillance (Table 33)
725,319
-488,866 $17,865,262
1,214,185 13
TOTAL

Existing
Capital Cost
(Item 13)

Proposed
Capital Cost
(Item 13)

Change

Number
of
Responses

$4,017,159

$4,017,159

0

-

-

-

-

134,028

-

-

-

0

0

0

0

-

-

-

577,471

$133,218,401 14

$47,751,607

$85,466,794

1,159,324

13
14

An administrative error of +100 hours has been identified which has increased the currently approved burden hours from 1,214,085 to 1,214,185.
The OMB Inventory rounded the cost to $133,218,000. Therefore the ROCIS estimates a difference of -$85,466,393 in cost.

27